Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QBA

  (1)   If:

  (a)   a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the body corporate continues in existence; and

  (c)   the amount that represents so much of available scheme funds as is attributable to:

  (i)   premiums paid by the body corporate before the cessation time; and

  (ii)   special premiums paid by the body corporate before the cessation time; and

  (iii)   interest earned on the premiums and special premiums referred to in subparagraphs   (i) and (ii); and

  (iv)   exit contributions, or instalments of exit contributions, paid to Comcare by the body corporate after the cessation time; and

  (v)   interest earned on exit contributions and instalments referred to in subparagraph   (iv);

    exceeds Comcare's liability (if any) under this Act (including liability under actions for non - economic loss), in respect of injuries suffered before the cessation time:

  (vi)   if the body corporate did not hold a licence in force under Part   VIII--by employees of the body corporate; and

  (vii)   if the body corporate held such a licence--by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;

Comcare may make a determination that a specified amount is payable to the body corporate by way of a refund of the whole or a part of the exit contributions, or instalments of exit contributions, paid to Comcare by the body corporate.

  (2)   For the purposes of subsection   (1), the specified amount must be equal to or less than the excess.

  (3)   The specified amount is to be paid by Comcare within 28 days after the determination is made.

  (4)   A determination under subsection   (1) may only be made during the 7 - year period beginning at the cessation time.

  (5)   For the purposes of paragraph   (1)(c):

  (a)   liability includes prospective liability; and

  (b)   assume that Comcare's liability is not contingent on:

  (i)   the making of a claim for compensation; or

  (ii)   the giving of a notice under section   53.

  (6)   Comcare may defer making a determination under subsection   (1) of this section in relation to the body corporate until Comcare has made a payment to the body corporate under section   97Q.